Week 1

Question 1

Hedley Byrne v Heller [1964]

Question 2

Home Office v Dorset Yacht Co [1970]

Question 3

Anns v Merton [1978]

Question 4

Nettleship v Weston [1971]

Answer 4

Facts:

C offered to give D driving lessons knowing that it was insured against risk of injury to a passenger.

D lost control of the car and it hit a lamppost. C sustained injuries including a broken kneecap.

C claimed that D was partly at fault as well as C was not in breach of duty which was to do her best.

If there was BOD both parties were equally to blame.

Held:

(1) - C checked his car insurance before giving D lessons meaning that he did not agree to take the risk of injury from the learner’s lack of skill and the learner could not use the defence that C was accepting the risk in order to block his claim.
(2) - The DOC owed by the learner driver would be the same as any regular driver no matter if the instructor knew the lack of skill the learner had and therefore if C was negligent, she has breached her duty and is liable for the damages.
(3) - Learner and Instructor were both controlling the car and therefore they would both be liable and the C should recover only half of the agreed damages.

Question 5

Bolton v Stone [1951]

Question 6

Latimer v AEC Ltd [1953]

Answer 6

Facts:

Heavy rainstorm caused the D’s factory to get flooded.

D had spread sawdust on the floor.

Held:

C did not establish that a reasonable employer would have shut down the factory.

C did not manage to prove that the floors and passages were not maintained in an efficient state, therefore the claim for BOD also failed.

Question 7

Paris v Stepney Borough Council [1951]

Question 8

Bolam v Friern Hospital Management Committee [1957]

Answer 8

Facts:

Held:

Question 9

Donoghue v Stevenson [1932]

Question 10

Philips v William Whiteley Ltd [1938]

Answer 10

Facts:

C tried to get their ear pierced by D.

D had placed his instruments in a flame and washed his hands and disinfected the instrument with lysol.

C’s pierced ear became infected.

Held:

Jeweller is not bound to take the same precautions as a surgeon would take, and even so D had taken all reasonable precautions.

C did not manage to prove that the infection entered the ear at the time when D pierced it.